GOV Exam 2

the majority of what they do with their time. Major responsibility of the staff. Their job is to solve the problems of the constituents with the bureacracy

A parliamentary procedure used to close debate. cloture is used in the senate to cut off filibusters. under the current senate rules, 3/5 of senators, or 60, must vote for cloture to halt a filibuster.

very influential on how/when a bill is passed

both members of senate and house to work together to revise bill

voters, someone being represented by a legistlator

• when
• house senate and president cannot reach a budget agreement- allows the
• government to keep operating on next years budget- keep government from
• shutting down

spreading of voters of a particular type so they don’t have a sufficiently large voting block in a certain district

Longest Serving Member

represent the views of their constituents(voters) even if they hold different views 

House and Senate

forces a bill to the floor if its in the committee where the petition has to be signed by 218 members of the house 

benefit that every eligible person has a legal right to receive and that cannot be taken away without a change in legislation or due process in court

ability to send out free mail 

The extensive manipulation of the shape of a legislative district to benefit a certain incumbent or party.

• don’t
• want to kill the bill so they say there isn’t enough info to vote on bill;
• killing the bill without officially filling it- not in record because
• procedural information 

2 year term435 membersproportional representationfewer personal staff than Senators (about 17 per House member)More rules than Senate for procedureLimited DebateMore Policy Specialists than Senate (reciprocity… defer to specialists)Less Media Coverage than SenateLess Prestige than SenateLess reliance on staff than SenateMore powerful committee leaders than senateVery important committees20 major committeesNongermane amendments (riders) not allowedImportant Rules CommitteeSome bills permit no floor amendments (closed rules)high turnoveremphasize tax and revenue policy

House SenateBill Introduced Bill Introduced Goes to Committee Goes to Committee (really subcommittee for hearing) (really subcommittee for hearing) Referred to Full Committee Referred to Full Committee Full House Full SenateConference Committee (goes back to each chamber for  vote)PresidentApproved - law

Senate can hold Impeachment Trials

someone who currently owns the seat

• Advantages incumbents have over challengers
• ·        
• Can sit on court committees

• ·        
• Franking- ability to send out free mail
• (signature in place of the stamp)

• ·        
• Seniority

• ·        
• People put money into winning side

• ·        
• Credit claiming-allows current member to take
• credit regardless of who started it

• ·        
• Pork barrel-projects designs to allow member to
• claim credit i.e. museums, states only care about them

• ·        
• Log rolling-temporary political alliance between
• two political actors; you scratch my back ill scratch your s

• committees
• from both the house and the senate i.e. Congress Library 

• ability
• to examine the branch

• temporary
• political alliance between two political actors; you scratch my back ill
• scratch your s

• -oldest
• member of the Senate in the leading party, seniority; does day to day tasks –
• schedule legislation, persuade people to vote his way, etc.

• ·        
• knowing where you’re at, how you’re voting 

• ·        
• head count for the minority party 

• knowing
• where you’re at, how you’re voting 

• o  
• Minority group is typically more organized than
• majority group which appears to be more fractionalized 

• roll
• up smaller bills into a bigger one to meet deadline 

• § 
• Filibuster- talk the death of bill based off the
• tradition of unlimited debate (House has limited debate-open rule, close
• rule,); prevents other bills from passing/ going on 

a type of gerrymandering. it concentrates as many voters of one type into a single electoral district to reduce their influence in other districts

• 10
• days, president doesn’t sign/veto so  it
• dies 

• projects
• designs to allow member to claim credit i.e. museums, states only care about
• them 

• § 
• Presidential Succession Act of 1947-sets current
• line (VP,speaker, pro tempore, sec state, treasury, defense

Common metaphor for the capacity of a successful presidential candidate to generate votes for other candidates further down the ticket and pull fellow partisans into office.

 The minimum number of congressional members who must be present for the transaction of business. Under the Constitution, a quorum in each house is a majority of its members: 218 in the House and 51 in the Senate when there are no vacancies.

 #1 person from the minority party on a committee

occurs every 10 years when the census comes out, congressional seats get redesigned to account for population change. when a state gains or loses a seat, their state legislature will redistrict their u.s. house of representatives district.

house and Senate

An amendment to a bill that is not germane to the legislation

Vote taken by a call of the roll to determine whether a quorum is present, to establish a quorum, or to vote, on a question. Usually the House uses its electronic voting system for a roll call, but when the system is malfunctioning the Speaker directs the clerk to read the names. The Senate does not have an electronic voting system; its roll is always called by a clerk.

A temporary legislative committee created for a specific purpose and dissolved after its tasks are completed.

• o  
• 100 members

• o  
• 6 years term –provides stability

• o  
• 30 years old=minimum age

• o  
• 1/3 up to every 2 years-partial turnover

• o  
• Continual body-

• o  
• More individualistic- parties aren’t as
• important in the Senate as it is in the House

• o  
• Special Powers-ratifies treaties, confirms
• presidential appointees, impeachment trial of president and judges

An informal practice in which senators are given veto power over federal judicial appointments in their home states.

The congressional practice of appointing as committee or subcommittee chairs the members of the majority with the most years of committee service.

• longer
• you serve, the more power you get, the more likely you’ll get a chair- not set
• in stone 

• originally
• used for clarification for laws now signs bills into law but then disclaim law
• and say it’s  their interpretation 

The presiding officer of the House of Representatives. The Speaker is elected at the beginning of each congressional session on a party-line vote. As head of the majority party the Speaker has substantial control over the legislative agenda of the House.

A permanent legislative committee specializing in a particular legislative area. Standing committees have stable memberships and stable jurisdictions.

where new bills usually go to in the Congress

• o  
• votes independently based upon their own
• judgment 

A unanimous resolution in the Senate restricting debate and limiting amendments to bills on the floor.

• ·        
• 22nd amendment-only serve 2 terms
• with maximum period of 10 years

• ·        
• President must:be 35 years old, must live in US
• for 14 years, natural born citizen

When the vice-president becomes president; the vice president doesn’t get a vice president.This has been problematic, one of the things about Lincoln administration that we do not get credit to it was not an assassination it was a conspiracy. They killed Lincoln, the vice president, and 3rd all on the same time was that the union would collapse because everyone that was in charge got killed.If the president dies, and the vice president becomes the president, the new president can appoint a new vice president!

• ·        
• Presidential succession in order  of addition to cabinet

• o  
• State. Treasury, defense, attorney general,
• interior, agriculture, commerce, labor, health and human services, housing and
• urban development, transportation, energy, education, veteran affairs, homeland
• security

• ·        
• Cabinet departments are created by congress with
• specific legal responsibilities and political mandates

• Requires
• proposals, reports, testimony to be certified by OMB as consistent with
• president’s policy (fact checkers)

means by which a chain of command is imposed on the president’s staff. The system clarifies responsibilities and shields the president from having to micromanage the staff’s routine activities.

he title that is given to the president by the Constitution and that denotes the president’s authority as the head of the national militia.

• whatever
• the constitution says is what you get, NON INTEPRETIVE 

• § 
• Stewardship-president has moral duty, doesn’t
• need constitutional authority to take action, believes that if constitution
• doesn’t say no you can do it until congress stops you, INTERPRETIVE 

A bill that has been passed by both the Senate and the House and has been sent to the president for approval.

Executive agreement: An agreement between the president and one or more other countries. An executive agreement is similar to a treaty, but unlike a treaty, it does not require the approval of the Senate.

ion of agencies that help the president oversee department and agency activities, formulate budgets and monitor spending, craft legislation, and lobby Congress. The major components of the EOP , established in 1939 by president Franklin Roosevelt include the white house office, Office of Management and Budget, National Security Council, and Council of Economic Advisers, among other agencies.

• way
• to make policy and have the effect of law without congress

• o  
• states secrets privilege: president’s right to
• withhold information

• from
• public and other branches for national security

• ·        
• Formal Powers- had to make sure the laws are
• faithfully executed

• o  
• Chief executive of federal bureaucracy

• o  
• Nominate and appoint officials

• o  
• Implements and enforce laws

• o  
• Veto bills

• § 
• If vetoes are high then that probably means the
• Congress is of the same party of the president

• o  
• Negotiate treaties

• o  
• Recognize foreign nations

• § 
• Diplomatic recognition

• o  
• Commander in Chief-rally around the flag

• o  
• Chief of state

• o  
• Pardon or granny clemency

• o  
• Power to convene Congress

• o  
• Signing statement- originally used for
• clarification for laws now signs bills into law but then disclaim law and say
• it’s  their interpretation

• ·        
• Informal powers

• o  
• Propose an annual budget

• o  
• Develop policies that promote peace and
• prosperity

• § 
• Some presidents develop doctrines

• ·        
• Statements that outline  goals, purposes and actions of US foreign
• policy

• o  
• Monroe Docterine- stay out of America

• o  
• Bush Docterine

• o  
• Doctrine-

• o  
• National morale builder

• o  
• International peace maker

• o  
• Public opinion leader-what president thinks is
• important then it is important

Party leader

Presidents “go public” when they engage in intensive public relations to promote their policies to the voters and thereby induce cooperation from other elected officeholders in Washington.

• right
• to go in front of a judge 

• whatever
• the president says is okay the executive branch is the strongest branch and
• whatever the president says will do 

• o  
• until 1974 (Nixon-too selective on program
• funding; going against Congress)- what presidents used in order to not spend
• money i.e. end of war must scale down orders for tanks etc., taking money from
• programs to stop spending

• § 
• Now congress has to approve impoundment

• § 
• Permanent bureaucracy associated with the
• president

• ·        
• All the different agencies

• ·        
• Changes from president to president 

• ·        
• Ad Hoc-tasks forces, informal groups of friends
• report directly to presidents

• ·        
• Circular-cabniet secretaries and assistants
• report directly to president

• ·        
• Pyramid- hierarchy-what most modern presidencies
• use, levels of chain of command

A method by which the president vetoes a bill passed by both houses of Congress by failing to act on it within ten days of Congress’s adjournment.

• § 
• Presidential Succession Act of 1947-sets current
• line (VP,speaker, pro tempore, sec state, treasury, defense

Commander in Chief

• if
• he puts in somebody because he can’t get senate confirmation-very
• controversial-but seen when senate and president are opposing parties (blocking
• appointments-waiting for congress to get out of session);

 A statement issued by the president that is intended to modify implementation or ignore altogether provisions of a new law.

he provision in Article II, Section 3, of the Constitution instructing the president to “take care” that the laws be faithfully executed.

• weak=domestic
• president-go through congress to get things done; foreign policy-commander of
• chief, can do whatever

• ·        
• Imperial presidency idea-whatever the president
• says is okay the executive branch is the strongest branch and whatever the
• president says will do

• o  
• Unitary executive

• § 
• Power concentration inevitable 

The formal power of the president to reject bills passed by both houses of Congress. A veto can be overridden by a two-thirds vote in each house.

• ·        
• Not very powerful

• ·        
• Used to balance ticket, not always
• trusted-JKF-catholic democrat & Johnson

• ·        
•  Back in
• the day the VP used to be the presidential candidate that came in second place

• ·        
• Now more integral-VP became more part of policy
• and policy making

• ·        
• Member of national security Council

• ·        
• Depending upon the president the CP can be
• trusted advisor, involved in day to day operations and back up (visit
• countries, meet officials)

• ·        
• 25th amendment-1967-allows them to
• declare the President unable to serve 

• controls
• president; every president since 1973 has said it’s been unconstitutional;  any president has to get congressional
• approval before submitting troops to a bad land; limits commander in chief
• authority 

gency in the executive office of the President (EOP) that serves as the president’s personal staff system. Although the entire EOP does the president’s business, the White House staff consists of the president’s personal advisers, who oversee the political and policy interests of the administration.

• § 
• : Social Security, Health, Dept of Defense,
• income security 

complex structure of offices, tasks, and rules in which employees have specific responsibilities and work within a hierarchy of authority. Government bureaucracies are charged with implementing policies.

• career
• government employee

• o  
• Civil Service Sytem-task specialization

• § 
• Merit system

• § 
• Civil service system

• § 
• Civil servants-government workers, not political
• appointees

• § 
• Hatch Act- prohibits government employees from
• activate participation in certain political activities- creates equality 

• Bureaucracy o  
• All changed by the assassination of Garfield,
• killed by a frustrated office seeker

• § 
• Wanted to change patronage system

• § 
• In reaction to his death congress passed the
• Civil Service Reform Act in 1883-Pendleton Act

• § 
• Pendleton Act-make bureaucracy more impersonal-
• job off examination, makes it illegal to provide money to political parties
• while working for government 

• -
• set pay scale G1-G18 with exceptions to cost of living 

• prohibits
• government employees from activate participation in certain political
• activities- creates equality 

• alliance
• between interest group, congressional committee and bureaucratic agency;
• mutually beneficial decision making

• small
• group of experts tend to dominated information about policy creation and
• implementation
• less formal 
• dissapears after used

• ·        
• - hierarchy exist to help chief executive
• officer  complete their duties

Task Specialization

• ·        
• The president

• ·        
• Departments

• o  
• Bureaus and Agencies

• ·        
• Impendent Executive Agencies –report directly to
• the president providing more flexibility

• ·        
• Government Corporations-private companies, can
• sell stock, borrow money, etc. does things private industry cannot/will not do

• ·        
• Quasi-Gov Agency-private public, government is
• involved but cannot directly control it

• o  
• get a job based upon who you know and who you
• politically favor

• § 
• Same as spoils system

• make
• bureaucracy more impersonal- job off examination, makes it illegal to provide
• money to political parties while working for government

permanent committees

make rules more clear

The Practice of citizens serving in public office for a limited term and then returning to private life.

• allows
• top level to move between departments Top appointees can be political but not
• approved by congress->patronage?

“Friend of the court” a brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome.

• § 
• if you don’t like ruling you can appeal; reviews
• the appeals of the trial court, multi judge panel (3 in federal system), no
• jury, looking at matters of fact and law; were rights violated?; not introduced
• to new evidence 

• authority
• of the court to hear a case on appeal i.e. from state supreme court or circuit
• court to Supreme Court

• ·        
• Civil-non criminal cases, resolved disputes
• among individuals among finances, property or well being; compensatory- suing
• for money; communitive- money for emotional scaring; bonding arbitration- child
• custody without going to court

• whether
• or not an individual is violating criminal code (DUI, murder, etc

• where
• plantiff represents a group of people 

A written opinion by a Supreme Court Justice who agrees with the decision of the Court but disagrees with the rationale for reaching that decision.

Category of federal courts vested with the general judicial authority outlined in Article III of the Constitution. The most important are the Supreme Court, the courts of appeals, and the ninety-four district courts. Their authority derives from that of the Supreme Court, and they are supposed to conform to its decisions.

District-The trial courts of original jurisdiction in the federal judicial system. The ninety-four district courts are the third tier of the federal judicial system , below the Supreme Court and the courts of appeals.

• Court of Appeals§ 
• No new testiomony, only briefs; Supreme court decisions affect that nation 

• Supreme Court-§ 
• Original and appellate jurisdiction

one with the most seniority 

referring to a party to a lawsuit who gets filing fees waived by filing a declaration of lack of funds

judges shape judicial doctrine to conform with their personal view of Constitution and social policy (your book definition)

• practice
• doctrine: principle law that governs how to lowever courts do their work

• § 
• right to declared act of president, congress or
• the states unconstitutional; makes supreme court the final word of the
• constitution 

• Writ
• of Mandamus- court issues write commanding a public official to vary out and
• act o duty; establishes judicial review 

• § 
• Established supremacy of federal government and
• Congress over state governments with necessary and proper clause

Majority

• first
• court hearing case; does not have to go through the entire court system

unsigned

Majority 

Jurisdiction

principle of law that governs how the lower courts do their work.

A rule employed by the Supreme Court’s starting that when four justices support hearing a case the certiorari petition is granted.

The official responsible for representing the U.S. government before the Supreme Court. The solicitor general is a ranking member of the U.S. Department of Justice.

the right to bring legal actions.

“Let the decision stand.”  In court rulings,  a reliance on precedents, or previous rulings, in formulating decisions in new cases.

• § 
• power to (re) interpret a federal or state law

• § 
• Refuses to hear a case-most powerful; 

principle that guides judges on which party in a case should prevail- akin to policymaking.

• ritual
• entry where you have a single judge/jury deciding on matters of law 

an order that is given by a superior court to an appellate court and that directs the lower court to send up a case the superior court has chosen to review. This is the central means by which the Supreme Court determines what cases it will hear.

We command.” A court-issued writ commanding a public official to carry out a specific act or duty.

to prevent a common resource from being overexploited by tying the benefit of its consumption to its